Los Angeles daily herald., 1887-08-11
DAILY HERALD,
u. s. GRAND JURY.
The Matters to be Brought
Before it
1T CONvENES ON MONDAY.
The Views of District Attorney j.
Marion Brooks on the
Subject.

on Tuesday morning that the first
United States Grand Jury ever drawn
in this district had been satisfactorily
selected led representative of the
paper to seek U. S. District Attorney
j. Marioo Brooks for information as
to the method of its proceedings. Ac-
cordingly last night the reporter
called at Mr. Brooks office and
found that he had finished
his mental labors, and a further
search for the legal representative OF
the United States in this District re-
vealed the fact that he WIS spending
the evening with his uncle, Hon.
Larkin Snodgrass, ex-Treasurer of
Ventura county. The reporter was
ushered into his presence in
the parlor where he found
Mr.. Brooks engaged in conversation
with the members of his uncle's fam
lily. Mr.. Brooks, however, signifed
his willingness to impart any infor-
nation he might possess and in re-
ply to the question as to when the
Grand Jury would commence its
work he said: "Judge Ross has
called the Jury for next Monday.
The names which you have printed
were selected by the order of the
Court from Los Angeles, San Bernar-
dino and San Diego counties, and COM
prise number of the most prominent
citizens of those counties, and l feel
confident that the interests of the
government will be protected. The
jury will convene next Monday
and will according to the decision of
the U. S. Supreme Court stay in ses-
sion six months, but the Court can ad-
journ the jury for such time
as he shall think proper. Many
complaints have been made
with reference to violations of the law
which if true could not be tried ex-
cept upon indictment by the Grand
Jury. To try cases before the Com
missioner is a useless waste of time.
Nine-tenths of the cases before the
Commissioner require that indict-
ments should be found, and hence
most all cases will come before the
Grand Jury. The Grand Jury system
in the United State Courts is different
from that OF the State Courts which
provide for proceedings by informa-
ton, while in the United States Courts
proceedings by information are very
seldom, so much so that most of the
violations of the United States law
must be provided by Indictment"
"Do you find the proceeding differ
ent in the Federal Courts from that in
the State Courts ?" asked the reporter.
Mr.. Brooks-"I had the honor of
being the first District Attorney of
Ventura County on its organization
and have found from my experience,
having served six years as District
Attorney, that better satisfaction was
always given to the people after an in
dictment was found by the Grand Jury.
Upon an indictment by the Grand
Jury l could obtain more convictions
for crime than by information, because
men being called from all parts Of the
district could always give a more un-
prejudiced and unbiased opinion than
a local Justice of the Peace, and this
had weight in the higher court"
Reporter-"Thec case of B. MacKen-
zie, charged with abstracting registt red
letters from the postotiice in this city,
has not been heard, and has been
postponed, for various reasons, to
various dates. What have you to say
about that"
Mr.. Brooks-"Bert Mackenzie is
accused of extracting registered pack
ages addressed to the postoffice at
Santa Monica. Various theories have
been advanced in reference to that
matter, but l thought proper, in the
interest of the government, that the
Grand Jur, should investigate the
same and see whether the facts re-
ported to this office are true or not. l
believe that robbing the United States
mails is one of the most serious
of crimes against the government.
If an investigation had been had be-
fore the Commissioner and Mackenzie
had been held to answer,t matter
would have to go before the Grand
Jury just the same, SO l concluded
that the Grand Jury was the proper
place to take the matter. If it is
found that the charge is true there
will be no trouble about the indict-
ment, but if it is found to be untrue,
then the whole matter can be dropped
without expense to the Government"
Reporter-"Can you take a case be-
fore the Grand Jury without first hay
ing it investigated by the Com
missioner
Mr.. Brooks-"The power of the
United States Commissioner is simply
to examine cases. My object in ex-
amining before the Commissioner is
to see whether there might
be a doubt as to whether
the defendant would be suscepti-
BILE of arrest. The fact that the
Commissioner discharges defendant
is not evidence that he is not guilty.
Evidence brought before him can also
be taken before the Grand Jury, and
if that body believes him
guilty an indictment can be
brought. The only advantage
that could be gained by defendant
in being discharged by a commits
sioner would be the opportunity OF
leaving the country and defeating a
bench warrant issued under an indict-
ment."
Heporter-Have you had any com
plants from various portions of the
district in reference to violations OF
the laws relating to the cutting OF
timber upon government land%'
M,sSBrooks-T have had many ap-
plications in reference to the violation
of that law, and it is stated that tim
Der has not only been cut but saw
mills have actually been erected to
saw up the timber SO cut. l have
proceeded to some extent where /
thought parties would leave the coun-
try, and in cases where the parties
were so interested that they would not
leave concluded that the grand jury
should look into the NATTER
Reporter-"In reference to the In
dian reservations, do you intend to